On Thursday, the Senate HELP Committee held a hearing on legislation that would promote justice for women and other workers who experience compensation discrimination. The Fair Pay Restoration Act (S. 1843) would reverse the recent Supreme Court decision Ledbetter v. Goodyear Tire and Rubber Co., which severely limits workers' ability to vindicate their rights and distorts Congress' intent to eliminate sex and other forms of discrimination in the workplace.

In Ledbetter, the Supreme Court held that employees cannot challenge ongoing compensation discrimination if the employer's original discriminatory decision occurred more than 180 days before, even when the employee continues to receive paychecks that have been discriminatorily reduced. Prior to this decision, the law, as interpreted by the Equal Employment Opportunity Commission and nine of 12 courts of appeals, treated each discriminatory paycheck as a separate discriminatory act that started a new 180-day clock.

Because pay information is often confidential, it may take a long time for an employee to realize that she is experiencing compensation discrimination. And if employers are insulated from liability after 180 days, they have little incentive to correct pay discrimination that occurs. The Fair Pay Restoration Act would restore long-standing law and promote voluntary compliance with anti-discrimination laws by employers.